· On September 22, 1999, the United States filed a lawsuit against the
major cigarette manufacturers and two industry affiliated organizations.
The case is before U.S. District Judge Gladys Kessler of the U.S.
District Court for the District of Columbia. In February 2001, the
United States filed an
Amended Complaint, which did not change any paragraph numbers from
the initial September 1999
Complaint or the September 1999
Appendix identifying racketeering acts.
· In two Memorandum Opinions filed September 28, 2000, the Court
ruled upon defendants’ motions to dismiss the federal government’s
lawsuit. In the first
Opinion, Judge Kessler ruled that Counts Three and Four of the
United States’ Complaint properly stated claims for relief under the
federal Racketeer Influenced and Corrupt Organizations Act (“RICO”),
but dismissed Counts One and Two of the Complaint, which sought to
recover certain of the federal government’s past medical
expenditures. (116 F. Supp. 2d 131 (D.D.C. 2000).) In a
separate Opinion, the Court granted a motion to dismiss for lack
of personal jurisdiction as against B.A.T. Industries. (116 F. Supp.
2d 116 (D.D.C. 2000).)